Board of Trustees of the Sheet Metal Workers Local 104 Health Care Trust et al v. Moak

Filing 37

ORDER by Judge Claudia Wilken GRANTING 36 MOTION FOR DE NOVO REVIEW OF MAGISTRATE'S ORDER. (ndr, COURT STAFF) (Filed on 6/1/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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BOARD OF TRUSTEES OF THE SHEET
METAL WORKERS, et al.,
Plaintiffs,

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United States District Court
For the Northern District of California

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v.

No. C 11-4620 CW
ORDER GRANTING
MOTION FOR DE NOVO
REVIEW OF
MAGISTRATE'S ORDER

TIMOTHY MOAK and JENNIFER MOAK,
Defendants.
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Plaintiffs Board of Trustees of the Sheet Metal Workers
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Local 104 Health Care Trust, Sheet Metal Workers Pension Trust of
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Northern California, Sheet Metal Workers Local 104 Vacation
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Holiday Savings Plan and Trustee Bruce Word move, pursuant to 28
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U.S.C. § 636(b)(1)(B), Rule 72(b) of the Federal Rules of Civil
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Procedure and Civil Local Rule 72-3, for a de novo review of a
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magistrate judge's report and recommendation (docket no. 34)
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denying their motion for a default judgment against Defendants
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Timothy and Jennifer Moak.
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The Court has reviewed the papers filed by Plaintiffs and the
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magistrate judge's report and recommendation.

A default judgment

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will be entered against Defendants.

As they request, Plaintiffs

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are granted leave to file additional findings.

Also, they are

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ordered to file, in one declaration, a summary of the evidence of
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the amount of damages requested and an explanation of how the

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damages are calculated, with supporting documents attached.

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CONCLUSION

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For the foregoing reasons, Plaintiffs' motion for de novo

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determination (docket no. 36) is granted.

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determine Plaintiffs' damages.

The Court will

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IT IS SO ORDERED.

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United States District Court
For the Northern District of California

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Dated: 6/1/2012
CLAUDIA WILKEN
United States District Judge

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